New zealand customs fine - advice

jimi_man

LightFlare said:

jimi_man said:

To be fair to the OP, the mother is apparently forgetful and was unaware they were there. 

From my point of view we used to travel to our boat in Greece - flights were on a Sunday and supermarkets weren’t open on Sunday afternoons so if one wanted dinner on the Sunday and breakfast on the Monday then we’d need to take various items (often including garlic, onions, and various other meat and diary stuff (prior to Brexit). So I understand why some people do carry stuff in their cases with them. It was certainly very common amongst the self catering fraternity. 

With customs declarations - forgetfulness doesn’t constitute a defence.

Im Curious as to why she even packed them in hand luggage in the first place and surely the smell gave them away.

Absolutely. No-one is disputing that. But the point was why she has packed them in the first place and according to the OP it’s down to age related forgetfulness. 

noitsnotme

jimi_man said:

To be fair to the OP, the mother is apparently forgetful and was unaware they were there. 

From my point of view we used to travel to our boat in Greece - flights were on a Sunday and supermarkets weren’t open on Sunday afternoons so if one wanted dinner on the Sunday and breakfast on the Monday then we’d need to take various items (often including garlic, onions, and various other meat and diary stuff (prior to Brexit). So I understand why some people do carry stuff in their cases with them. It was certainly very common amongst the self catering fraternity. 

I think it’s more a question of why were onions packed in hand luggage in the first place.

If the mother wasn’t aware they were there, was it the husband who put them there?

Unless there is something like dementia involved, but even then I’m not sure that’s a legitimate excuse as surely the mentally capable partner should check what has been packed.

koalakoala

So basically they don’t want to pay the fine they incurred?

sheramber

Would it not be worth paying to avoid wondering what action might be taken for how long?

NoodleDoodleMan

koalakoala said:

So basically they don’t want to pay the fine they incurred?

That's how it appears.

Presumably there was an opportunity to provide mitigating circumstances in defence of the fine being imposed ?

As the appeal was rejected it suggests such were unsuccessful, if provided.

elsien

Ignorance isn't a defence. The NZ guidance is quite clear about that. 

NoodleDoodleMan

elsien said:

Ignorance isn't a defence. The NZ guidance is quite clear about that. 

I think other posters were suggesting that diminished responsibility may be grounds for an appeal ?

elsien

The guidance suggests it's called a strict liability offence where the person may have broken the law even if they didn’t mean to.
There is the option to request that the fine be waived - although I don't know what the grounds for this may be, I presume this is the angle OPs family have taken and which has failed.
Without having a clue about the lady's medical history, (and don't need to know) occasional forgetfulness is normal with age and doesn't necessarily mean anything more serious or a level of diminished responsibility. Probably wouldn't go anywhere without a formal diagnosis and then there is still the argument that whoever was supporting should have known. 
And putting in extra irrelevant information (blood pressure tablets) may not have helped - that's got nothing to do with memory. 

HillStreetBlues

jimi_man said:

Personally, at around £180 or so it’s chicken feed,

Others might say it's shallot of money.

jimi_man

NoodleDoodleMan said:

elsien said:

Ignorance isn't a defence. The NZ guidance is quite clear about that. 

I think other posters were suggesting that diminished responsibility may be grounds for an appeal ?

I don’t think anyone has suggested that at all unless some posts have been hidden/deleted? As far as I am aware even the OP has accepted it. The main issue is whether what effect it’s likely to have if they carry on not paying it.